What is the Kitchen Solvers franchisee acknowledging when signing the franchise agreement regarding the FDD?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provision in Section 16.B of the Franchise Agreement is hereby deleted: "You acknowledge that you are entering into this Agreement as a result of your own independent investigation of the KITCHEN SOLVERS franchise program and not as a result of any representation about us made by our shareholders, officers, directors, employees, agents, representatives, independent contractors or franchisees that is contrary to the terms identified in this Agreement or in any disclosure document, prospectus, or other similar document required or permitted to be given to you pursuant to applicable law."
No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, several addenda modify the standard franchise agreement based on the franchisee's location. These addenda address acknowledgements and waivers to ensure compliance with state franchise laws.
Specifically, for franchisees in states like New York, Illinois, North Dakota, and California, certain provisions in Section 16.B of the Franchise Agreement are deleted. This section typically includes an acknowledgement by the franchisee that they are entering the agreement based on their own independent investigation and not due to any representations made by Kitchen Solvers that contradict the terms in the agreement or disclosure documents. The deletion of this section ensures that franchisees in these states do not inadvertently waive rights or claims under applicable state franchise laws, including claims related to fraud in the inducement or reliance on statements made by Kitchen Solvers.
Furthermore, these addenda clarify that no statement, questionnaire, or acknowledgement signed by the franchisee can waive claims under state franchise law or disclaim reliance on statements made by Kitchen Solvers. This provision is designed to protect the franchisee's rights and supersedes any conflicting terms in other documents related to the franchise agreement. In essence, Kitchen Solvers franchisees are acknowledging that their rights under state franchise laws are protected, and they are not waiving those rights by signing the franchise agreement.